TO: Plaintiff DSC Communications Corporation, by and through its attorney of record, Michael
P. Lynn, Lynn Stodghill Melsheimer & Tillotson, L.L.P., 750 North St. Paul Street, Suite
1400, Dallas, Texas 75201.
Pursuant to Rule 168 of the Texas Rules of Civil Procedure, Defendant Evan Brown submits the following supplemental answers to Plaintiff DSC Communication Corporation's First Set of Interrogatories.
GENERAL OBJECTIONS
Defendant objects to the instructions and definitions contained in Plaintiff DSC Communication Corporation's First Set of Interrogatories because, as applied to specific discovery requests, they cause the requests to be overly broad and global, vague and ambiguous, unduly burdensome, and to seek information, in part, protected from disclosure by the attorney-client, work product, party communications, investigative, and consulting expert privileges. Subject to and without waiving these general objections, Defendant responds to the specific interrogatories as follows:
SUPPLEMENTAL RESPONSES
Interrogatory No. 2:
Please identify each person who has any knowledge of any facts relevant to the claims made in the Petition, as defined in the Texas Rules of Civil Procedure, describing the substance of each person's knowledge.
Answer:
Defendant objects to this Interrogatory insofar as it purports to require Defendant to describe the substance of each person's knowledge for the reason that such a requirement seeks to impose burdens on Defendant beyond those permitted by the Texas Rules of Civil Procedure, calls for Defendant to speculate, is overly broad and unduly burdensome and seeks information protected from disclosure by the attorney-client, work product, party communications, investigative, and consulting expert privileges. Subject to and without waiving the foregoing objections, Defendant responds as follows:
Alan Adams
DSC Communications Corporation
Alan Adams approved the Annual Operating Plan/Budget for the Switching Products Division of which Brown was a member. Mr. Adams knows the nature of all projects which were being worked on by the division and all projects which were being scheduled. He has direct knowledge of DSC's line of business, work and investigations within the Switching Products Division. Because this person is an employee of DSC, DSC has a greater ability to determine the substance of this person's knowledge than does Brown.
Dan Allman
DSC Communications Corporation
Mr. Allman is the Director of Human Resources for the Switching Products Division. He signed the verification of DSC's original petition, another verification in this case and an affidavit submitted by DSC in this case. Copies of these documents are attached hereto as Exhibit A. He also testified extensively at the May 2, 1997 injunction hearing in this case. The facts known by Mr. Allman were set forth in his verification of DSC's petition and in his testimony at the injunction hearing. Among other matters, Mr. Allman testified regarding DSC's line of business, the Employee Agreement signed by Brown, an April 21, 1997 meeting at which Mr. Brown was ordered to disclose his idea and DSC's firing of Mr. Brown. Because this person is an employee of DSC, DSC has a greater ability to determine the substance of this person's knowledge than does Brown.
Jack Barraneaux
DSC Communications Corporation
Mr. Barraneaux was Evan Brown's manager while he was working on the Motorola GSM project. He was aware of Evan Brown's work responsibilities and his job performance on this project. Because this person is an employee of DSC, DSC has a greater ability to determine the substance of this person's knowledge than does Brown.
Wylie Basham
DSC Communications Corporation
Wylie Basham approved the Annual Operating Plan/Budget for the Switching Products
Division. Mr. Basham knew the nature of all projects which were being worked on by the
division and all projects which were being scheduled. He has direct knowledge of DSC's
line of business, work and investigations within the Switching Products Division. In addition,
Mr. Basham discussed with Mr. Brown the overview and potential of Brown's idea to
determine what interest if any the Switching Products Division might have in the idea.
Dick Belote
DSC Communications Corporation
Evan Brown discussed the overview and potential of his idea with Mr. Belote to determine what interest if any the Motorola Cellular Group may have in his idea.
Matt Bilbo
DSC Communications Corporation
As manager of the Software Tools Group for the Switching Products Division, Matt Bilbo
was responsible for all software development tools used as well as the staff to support in- house software tools. He has direct knowledge of DSC's line of business, work and
investigations within the Switching Products Division. Mr. Bilbo signed an affidavit filed in this cause by DSC, a copy of which is attached hereto as Exhibit B. He also testified at
length during the May 2, 1997 injunction hearing in this case.
Among other matters, Mr. Bilbo testified at length regarding Mr. Brown's work with the software engineering and tools group, the general work performed by that group,
investigations performed by DSC which DSC alleges are similar to Brown's idea, and
meetings between DSC and Motorola regarding technology DSC alleges is similar to
Brown's idea. Because this person is an employee of DSC, DSC has a greater ability to
determine the substance of this person's knowledge than does Brown.
Rick Billings
DSC Communications Corporation
Mr. Billings was a member of DSC's confidential disclosure group. In addition, as manager of the Software Tools Group for the Switching Products Division, Mr. Billings was
responsible for all software development tools used as well as the staff to support in-house software tools. He has direct knowledge of DSC's line of business, work and investigations within the Switching Products Division. Because this person is an employee of DSC, DSC has a greater ability to determine the substance of this person's knowledge than does Brown.
Gary Brown
DSC Communications Corporation
Evan Brown discussed the overview and potential of his idea with Gary Brown to
determine what interest if any the Switching Products Division might have in the idea. Because this person is an employee of DSC, DSC has a greater ability to determine the
substance of this person's knowledge than does Brown.
George Brundt
DSC Communications Corporation
Evan Brown met with George Brunt off and on for several months to negotiate an agreement between DSC and Evan Brown concerning development of Brown's idea. Subsequently, Jim Donald, the CEO of DSC, referred Brown to Brundt to negotiate such an agreement. Attached hereto as Exhibit C is a copy of a transcript of a phone message from Brundt to Brown regarding this matter. Because this person is an employee of DSC, DSC has a greater ability to determine the substance of this person's knowledge than does Brown.
Chris Cole
DSC Communications Corporation
Evan Brown met with Chris Cole off and on for several months to negotiate an agreement between DSC and Evan Brown concerning development of Brown's idea. Attached hereto as Exhibit C is a copy of a transcript of two phone messages from Cole to Brown
regarding this matter. Because this person is an employee of DSC, DSC has a greater
ability to determine the substance of this person's knowledge than does Brown.
Gamini Desoyza
DSC Communications Corporation
Gamini Desoyza was Evan Brown's manager at the time he was terminated. Desoyza was aware of Evan Brown's work responsibilities, job duties and job performance. Desoyza is also aware of Brown's request for a release from DSC as referenced in the document attached hereto as Exhibit D. Because this person is an employee of DSC, DSC has a greater ability to determine the substance of this person's knowledge than does Brown.
Jim Donald
DSC Communications Corporation
Evan Brown met with Jim Donald and discussed the overview of his idea and the financial potential his idea could mean to DSC. Jim Donald expressed a keen interest in Evan's idea as a possible new business area in which DSC could expand. Jim Donald spoke with Evan
Brown on two subsequent occasions to inquire about the status of the negotiations.
Because this person is an employee of DSC, DSC has a greater ability to determine the
substance of this person's knowledge than does Brown.
Dan Finch
DSC Communications Corporation
Evan Brown discussed the overview and potential of his idea to determine what interest if any the Motorola Division might have in Evan Brown's idea. Because this person is an employee of DSC, DSC has a greater ability to determine the substance of this person's
knowledge than does Brown.
Marvin Harbin
DSC Communications Corporation
Mr. Harbin has been identified by DSC as the inventor of a solution which DSC alleges is similar to Brown's idea and which DSC contends demonstrates that Brown's idea is within DSC's line of business, work or investigations. Attached hereto as Exhibit E is a copy of the Invention Disclosure Form which DSC submitted as an exhibit to its Original Petition.
Because this person is an employee of DSC, DSC has a greater ability to determine the substance of this person's knowledge than does Brown.
Dave Hinshaw
DSC Communications Corporation
Evan Brown discussed the overview and potential of his idea to determine what interest if any the Switch Products Division might have in Evan's idea. Mr. Hinshaw submitted a signed written proposal to Evan Brown to develop his idea, a copy of which is attached hereto as Exhibit F. Because this person is an employee of DSC, DSC has a greater ability
to determine the substance of this person's knowledge than does Brown.
Wayne Jones
DSC Communications Corporation
Evan Brown met with Wayne Jones off and on for several months during the negotiations with DSC over development of Brown's idea. Attached hereto as Exhibit C is a copy of a transcript of a phone messages from Jones to Brown regarding this matter. In addition, Jones has submitted at least one affidavit in this matter, which is attached hereto as Exhibit G. Jones also testified at length at both the May 2, 1997 injunction hearing before Judge Roach and the June 30, 1997 injunction hearing before Judge Henderson. Mr. Jones
testified at length regarding DSC's alleged efforts to develop a code conversion program,
the alleged similarity between these alleged investigations and Brown's idea, meetings and conversations with Brown regarding development of Brown's idea, DSC's line of business,
the Invention Disclosure Form attached hereto as Exhibit E and the methods by which
DSC protects its intellectual property rights. Because this person is an employee of DSC, DSC has a greater ability to determine the substance of this' person's knowledge than does
Brown.
Chuck Lane
DSC Communications Corporation
Evan Brown discussed the overview and potential of his idea to determine what interest if any the Switching Products Division might have in Brown's idea. Because this person is an employee of DSC, DSC has a greater ability to determine the substance of this person's knowledge than does Brown.
Mike McCarty
DSC Communications Corporation
McCarty is a member of DSC's confidential disclosure group. He signed the affidavit attached hereto as Exhibit H. Because this person is an employee of DSC, DSC has a
greater ability to determine the substance of this person's knowledge than does Brown.
Dan McMurray
DSC Communications Corporation
McMurray is a member of DSC's confidential disclosure group. He signed the affidavit attached hereto as Exhibit I. Because this person is an employee of DSC, DSC has a
greater ability to determine the substance of this person's knowledge than does Brown.
Claude Owen
DSC Communications Corporation
Mr. Owen has been identified by DSC as the Supervisor of Marvin Harbin and Raymond Percival, the alleged inventors of a solution which DSC contends is similar to Brown's idea and which DSC contends demonstrates that Brown's idea is within DSC's line of business, work or investigations. Attached hereto as Exhibit E is a copy of the Invention Disclosure Form which DSC submitted as an exhibit to its Original Petition. Because this person is an employee of DSC, DSC has a greater ability to determine the substance of this person's knowledge than does Brown.
Raymond Percival
DSC Communications Corporation
Mr. Percival has been identified by DSC as the inventor of a solution which DSC alleges is similar to Brown's idea and which DSC contends demonstrates that Brown's idea is within DSC's line of business, work or investigations. Attached hereto as Exhibit E is a copy of the Invention Disclosure Form which DSC submitted as an exhibit to its Original Petition. Because this person is an employee of DSC, DSC has a greater ability to determine the substance of this person's knowledge than does Brown,
Rick Ross
DSC Communications Corporation
As manager of the Software Tools Group for the Switching Products Division, Ross was responsible for all software development tools used by DSC as well as the staff to support in-house software tools. Ross was also the manager of the SPD Tools Group when
Intervenor Lance Flores of Cyber Automation made his presentation to DSC. Ross
therefore has knowledge relating to the allegations made by Flores in his Petition in
Intervention. Because this person is an employee of DSC, DSC has a greater ability to
determine the substance of this person's knowledge than does Brown.
Cheryl Sanders
DSC Communications Corporation
Sanders is a member of DSC's confidential disclosure group. She has submitted least two affidavits in this case, copies of which are attached hereto as Exhibit J. Because this person is an employee of DSC, DSC has a greater ability to dete the substance of this person's knowledge than does Brown.
Brian Scudder
DSC Communications Corporation
Scudder was Evan Brown's supervisor at the time he was terminated. He was aware of Evan Brown's work responsibilities, job duties and job performance. Because this person is an employee of DSC, DSC has a greater ability to determine the substance of this person's knowledge than does Brown.
Larry Sewell
DSC Communications Corporation
Larry Sewell met with Evan Brown on aid off for several months to discuss Brown's request for a release from DSC to pursue a patent for his idea. Attached hereto as
Exhibits D and K are copies of memoranda which Brown sent to Sewell regarding his idea. Finally, Sewell drafted the release attached hereto as Exhibit J. Because this person is an employee of DSC, DSC has a greater ability to determine the substance of this person's knowledge than does Brown.
Jinx Smith
DSC Communications Corporation
Smith was Evan Brown's manager when initially hired by DSC to work on the STP project. He informed Evan Brown that only ideas related to telecommunications needed to be listed on the Employee Intellectual Property Agreement signed by Brown. Because this person is an employee of DSC, DSC has a greater ability to determine the substance of this
person's knowledge than does Brown.
Jianbai Wang
DSC Communications Corporation
Wang is a member of DSC's confidential disclosure group. Wang was also a member
of DSC's Language Tools Group responsible for compilers, assemblers, linkers and
debuggers. Wang has knowledge regarding DSC's line of business, work and
investigations. At On May 2, 1997 injunction hearing, Matt Bilbo testified that Wang
worked to develop a code conversion system which DSC alleges is similar to Brown's
idea. Because this person is an employee of DSC, DSC has a greater ability to
determine the substance of this person's knowledge than does Brown.
Ron Ward
DSC Communications Corporation
Ward discussed with Brown the overview and potential of his idea to determine what interest if any the Switching Products Division might have in the idea. Because this person is an employee of DSC, DSC has a greater ability to determine the substance of this person's knowledge than does Brown.
Scott Yegal
DSC Communications Corporation
Yegal was Evan Brown's manager while he was working on the STP project. He was aware of Evan Brown's work responsibilities, job duties and job performance. Because this person is an employee of DSC, DSC has a greater ability to determine the substance of this person's knowledge than does Brown.
All members of DSC Communications Corporation's Tools Group
These persons have knowledge of the alleged efforts of DSC to develop or acquire
software to convert binary machine executable code into high level source code. Because these persons are employees of DSC, DSC has a greater ability to determine the substance of their knowledge than does Brown,
Evan Brown
2705 Chadborne Drive
Plano, Texas 75023
Mr. Brown has knowledge of his job duties and performance at DSC, the Employee
Agreement at issue and the circumstances under which it was signed, the substance of his idea, the fact that his idea is not within DSC's line of business, work or investigations, the termination of his employment by DSC, DSC's actions in this lawsuit, his hiring of the undersigned attorneys and other matters.
Steve Levine
Levine is an attorney hired by DSC to apply for a patent of Evan Brown's idea.
Tina Young
Young is a court reporter hired by DSC as a member of DSC's confidential disclosure group.
Billy Gonzales
Gonzales is a video operator hired by DSC as a member of DSC's confidential disclosure group.
Jack Coates
College Station, Texas
Coates is a graduate of Texas A&M University who posed the original code conversion problem to Brown in 1975 while working for El Paso Natural Gas.
Sam Horowitz
Palo Alto, California
Horowitz is a college roommate of Evan Brown who is aware of some of the research Brown performed for Texas A&M University,
Lance Flores
Dallas, Texas
Flores' company, Cyber Automation, presented a proposal to DSC and to Motorola to convert DSC's Z8000 assembly language source code to C source code. He has filed an intervention herein.
I hereby certify that a true and correct copy of the foregoing instrument has been served upon all
counsel of record on this 6th day of August, 1997, pursuant to rule 21 a of the Texas Rules of Civil
Procedure.
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